PRINCIPLES OF MEDIATION IN CRIMINAL PROCEEDINGS IN UKRAINE

Abstract

The issue of mediation as the main form of restorative justice is important both for the theory of criminal procedure law and for practical areas, given the formation of the basis without which it is impossible to properly clarify this issue. This article examines the conceptual approaches to understanding the principles of the mediation institute. To substantiate the benefits of mediation in criminal proceedings, the author uses the concepts of restorative justice enshrined in the criminal procedure legislation of European countries, namely: Council of Europe Recommendation No. R 19 “On Mediation in Criminal Matters”; Framework Decision of the European Union “On the Status of Victims in Criminal Proceedings” of 15.03.2001. In the course of the study, the author used the following research methods: system analysis; inductive and deductive methods; logical and legal method. The author notes that despite the adoption of the Law of Ukraine “On Mediation”, the theory of criminal procedure law and law enforcement activities still do not have a unified approach to defining the principles of mediation as a form of restorative justice. The legal analysis of the principles of the mediation institution is based on the traditional approach established in the national science of criminal procedure law. The article examines the most common concepts and views on the institution of mediation as a form of restorative justice in Ukraine in the science of criminal law. The author also reveals the principles of mediation in accordance with the Council of Europe Recommendation No. R 19 “On Mediation in Criminal Matters”; the European Union Framework Decision “On the Status of Victims in Criminal Proceedings” of 15.03.2001. The author offers her own view on the benefits of mediation in criminal proceedings as a form of restorative justice in the criminal procedure of Ukraine.